Shaw v. City of Charlestown
Shaw v. City of Charlestown
Opinion of the Court
It has now become the well settled law of this commonwealth, that the value of property, real or personal, when in controversy, may be proved by the testimony of witnesses personally acquainted with the subject, and who are sufficiently familiar with it to give an opinion of its value. This was so held, and the reasons therefor stated, in the cases of Vandine v. Burpee, 13 Met. 291, Wyman v. Lexington & West Cambridge Railroad, 13 Met. 326, 327, and Walker v. Boston, 8 Cush. 279.
The application of this rule of evidence would clearly render competent the question proposed to the witness, “ How much
The further inquiry, proposed and rejected, was as to the difference in value per foot of the land in question, if it was bounded by a sixty feet street as laid out by the city of Charlestown, instead of on a forty feet street as delineated on a plan exhibited to the jury by the petitioner. This, we think, was admissible as a question of value of the land, upon the grounds already stated. Nor is the objection taken to this latter question, that the witness, although fully acquainted with the value of land, was not equally conversant with the business of locating lots, streets, &c. a valid objection to the competency of the evidence, but, if of any avail, should have been urged to the jury in considering the weight of his testimony and the effect to be given to it.
Judgment of the cowrt of common pleas, setting aside the verdict, affirmed.
A new trial was accordingly had before the sheriff, and resulted in a verdict of $700 for the petitioner.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.